The Obligation of the Female Servant to Veil Herself from Non-Mahram Men
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Question:
If a man has a female servant, and he did not bring her in except for a dire necessity, and she eats and sleeps with the family, and she does not veil herself from the head of the household, what is your opinion?
Answer:
It is obligatory for the female servant, and for any woman other than a servant, to veil herself and to be cautious of seclusion with a non-mahram man, whether he is her master, her maternal or paternal cousin, her maternal or paternal uncle, one of her neighbors, her husband’s brother, her husband’s cousin, her husband’s uncle, or the like.
It is obligatory for a woman to veil herself from every man who is not a mahram to her; because she is an awrah (part of the body that must be covered) and a fitnah (trial, discord or temptation), and Allah (Glorified and Exalted is He) says: [Al-Ahzab: 53].
Thus, the Exalted has clarified the obligation of hijab (the covering prescribed for women), and He did not exclude the face or anything else. The Exalted also explained that this is purer for everyone, purer for the hearts of both these and those, the men and the women. This indicates that not wearing hijab involves impurity and danger. And so is His saying (peace and blessings be upon him): : [An-Nur: 31], the verse. This is a clear verse in prohibiting the display of adornment to non-mahrams, and the greatest of adornment is the face; because it is the indicator of a woman’s beauty or ugliness.
Just as it is not permissible to display the hair, the leg, the forearm, the chest, and the like, so too the face is even more so, and the hand, the foot, and the rest of her body are all awrah (part of the body that must be covered), except for the old woman—the one who has passed childbearing age. For Allah the Exalted said: [An-Nur: 60]. So for the old woman who does not hope for marriage and does not adorn herself, not with kohl or any other type of adornment, it is permissible for her to remove the hijab from her face and leave it off. However, modesty and covering are better and more excellent for her; because every fallen thing has a picker-up, there is danger. So modesty, chastity, and covering are better, even if she is an old woman who is not desired, or an elderly woman who does not adorn herself. So chastity is better for her. And for this reason, the Exalted said: [An-Nur: 60]. So if the old woman who does not hope for marriage, and yet does not adorn herself, not with kohl, not with makeup, not with anything else, not with clothes, or anything of that sort, her modesty and covering are better. So the young woman and the one who adorns herself are even more so in the obligation of veiling and being cautious of the causes of fitnah (trial, discord or temptation).
In the two Sahihs (al-Bukhari and Muslim), it is narrated from Aisha (may Allah be pleased with her) that she said: When I was left behind during the expedition of the slander, and Safwan al-Mu'attal saw me and uttered a sigh of regret, she said: "When I heard his voice, I covered my face. And he had seen me before the hijab." This indicates that after the hijab, they did not uncover their faces, but rather they used to uncover them before the hijab in the presence of men. So when the hijab came and Allah revealed the hijab, they covered themselves.
As for the hadith of Asma bint Abi Bakr, which Aisha narrated from the Prophet (peace and blessings be upon him), and which Abu Dawud narrated in the Sunan from Aisha (may Allah be pleased with her), she said: Asma bint Abi Bakr (may Allah be pleased with them both) entered upon the Prophet (peace and blessings be upon him) wearing thin clothes. When the Prophet (peace and blessings be upon him) saw her, he turned his face away and said:Sunan al-Bayhaqi 10:890, and he pointed to his face and his two hands. This hadith is weak from multiple angles and it is not valid to cite it as evidence. Some people have relied on it out of ignorance and error. The correct view is that it is a weak hadith from many angles, and it is not permissible to rely on it or to use it to contradict the evidence from the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him).
And here is for you, O listener, an explanation of that; an explanation of the reasons for its weakness:
First: It is narrated by Khalid ibn Daryak from Aisha, and he did not hear from her, so it is munqati' (a report with a broken chain). And the munqati' is weak according to the people of knowledge, and it is not cited as evidence according to all the imams of hadith.
The second defect: It is narrated by Qatadah from Khalid using the formula "from" (an-en'anah), and Qatadah is a tadlis (concealment of a defect in a chain) narrator, and he is not cited as evidence when he uses the "from" formula, except in the two Sahihs.
The third defect: In its chain is Sa'id ibn Bashir, and he is weak according to the people of hadith, and he is not cited as evidence.
The fourth defect: It is possible that it was before the hijab, that it was old. And if a hadith is possible to be before the hijab or after the hijab, it is not cited as evidence; because it is possible that this, if it were authentic, was before the hijab, before it was forbidden for a woman to veil her face and her hands. And the women before the hijab used to display their faces and their hands, so when the hijab was revealed, they were prohibited from that.
The fifth defect: This is not befitting of someone like Asma, and that is not thought of her; because she is a righteous woman, and she is older than Aisha, and she is the wife of al-Zubayr ibn al-Awwam, one of the ten promised Paradise and the companions of the Messenger (peace and blessings be upon him). So how is it thought that she would enter upon the Prophet (peace and blessings be upon him) in thin clothes through which the awrah (part of the body that must be covered) is seen? How would anyone think that this would happen from this righteous woman of great status? So this is shadhdh (an anomalous narration) and its text is munkar (a denounced narration), and it is not befitting for Asma (may Allah be pleased with her) to do it.
And even if we assumed its authenticity, and even if we assumed it happened from her, it would be possible that it was before the hijab, even though you have known that it is weak and not valid from any angle. So it is weak from all these angles. And Allah is the guarantor of success. Yes.
The presenter: May Allah reward you with good and benefit you with your knowledge.
If a man has a female servant, and he did not bring her in except for a dire necessity, and she eats and sleeps with the family, and she does not veil herself from the head of the household, what is your opinion?
Answer:
It is obligatory for the female servant, and for any woman other than a servant, to veil herself and to be cautious of seclusion with a non-mahram man, whether he is her master, her maternal or paternal cousin, her maternal or paternal uncle, one of her neighbors, her husband’s brother, her husband’s cousin, her husband’s uncle, or the like.
It is obligatory for a woman to veil herself from every man who is not a mahram to her; because she is an awrah (part of the body that must be covered) and a fitnah (trial, discord or temptation), and Allah (Glorified and Exalted is He) says:
And when you ask [his wives] for something, ask them from behind a partition. That is purer for your hearts and their hearts.
وَإِذَا سَأَلْتُمُوهُنَّ مَتَاعًا فَاسْأَلُوهُنَّ مِنْ وَرَاءِ حِجَابٍ ذَلِكُمْ أَطْهَرُ لِقُلُوبِكُمْ وَقُلُوبِهِنَّThus, the Exalted has clarified the obligation of hijab (the covering prescribed for women), and He did not exclude the face or anything else. The Exalted also explained that this is purer for everyone, purer for the hearts of both these and those, the men and the women. This indicates that not wearing hijab involves impurity and danger. And so is His saying (peace and blessings be upon him): :
And tell the believing women to reduce [some] of their vision and guard their private parts and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their headcovers over their chests and not expose their adornment except to their husbands, their fathers, their husbands' fathers
وَقُلْ لِلْمُؤْمِنَاتِ يَغْضُضْنَ مِنْ أَبْصَارِهِنَّ وَيَحْفَظْنَ فُرُوجَهُنَّ وَلا يُبْدِينَ زِينَتَهُنَّ إِلَّا مَا ظَهَرَ مِنْهَا وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَى جُيُوبِهِنَّ وَلا يُبْدِينَ زِينَتَهُنَّ إِلَّا لِبُعُولَتِهِنَّ أَوْ آبَائِهِنَّ أَوْ آبَاءِ بُعُولَتِهِنَّJust as it is not permissible to display the hair, the leg, the forearm, the chest, and the like, so too the face is even more so, and the hand, the foot, and the rest of her body are all awrah (part of the body that must be covered), except for the old woman—the one who has passed childbearing age. For Allah the Exalted said:
And women of post-menstrual age who have no desire for marriage - there is no blame upon them for putting aside their outer garments [but] not displaying adornment. But to modestly refrain [from that] is better for them
وَالْقَوَاعِدُ مِنَ النِّسَاءِ اللَّاتِي لا يَرْجُونَ نِكَاحًا فَلَيْسَ عَلَيْهِنَّ جُنَاحٌ أَنْ يَضَعْنَ ثِيَابَهُنَّ غَيْرَ مُتَبَرِّجَاتٍ بِزِينَةٍ وَأَنْ يَسْتَعْفِفْنَ خَيْرٌ لَهُنَّBut to modestly refrain [from that] is better for them
وَأَنْ يَسْتَعْفِفْنَ خَيْرٌ لَهُنَّIn the two Sahihs (al-Bukhari and Muslim), it is narrated from Aisha (may Allah be pleased with her) that she said: When I was left behind during the expedition of the slander, and Safwan al-Mu'attal saw me and uttered a sigh of regret, she said: "When I heard his voice, I covered my face. And he had seen me before the hijab." This indicates that after the hijab, they did not uncover their faces, but rather they used to uncover them before the hijab in the presence of men. So when the hijab came and Allah revealed the hijab, they covered themselves.
As for the hadith of Asma bint Abi Bakr, which Aisha narrated from the Prophet (peace and blessings be upon him), and which Abu Dawud narrated in the Sunan from Aisha (may Allah be pleased with her), she said: Asma bint Abi Bakr (may Allah be pleased with them both) entered upon the Prophet (peace and blessings be upon him) wearing thin clothes. When the Prophet (peace and blessings be upon him) saw her, he turned his face away and said:
O Asma, when a woman reaches the age of menstruation, it is not permissible for anyone to see of her except this and this.
يا أسماء إن المرأة إذا بلغت المحيض لم يصلح أن يرى منها إلا هذا وهذاAnd here is for you, O listener, an explanation of that; an explanation of the reasons for its weakness:
First: It is narrated by Khalid ibn Daryak from Aisha, and he did not hear from her, so it is munqati' (a report with a broken chain). And the munqati' is weak according to the people of knowledge, and it is not cited as evidence according to all the imams of hadith.
The second defect: It is narrated by Qatadah from Khalid using the formula "from" (an-en'anah), and Qatadah is a tadlis (concealment of a defect in a chain) narrator, and he is not cited as evidence when he uses the "from" formula, except in the two Sahihs.
The third defect: In its chain is Sa'id ibn Bashir, and he is weak according to the people of hadith, and he is not cited as evidence.
The fourth defect: It is possible that it was before the hijab, that it was old. And if a hadith is possible to be before the hijab or after the hijab, it is not cited as evidence; because it is possible that this, if it were authentic, was before the hijab, before it was forbidden for a woman to veil her face and her hands. And the women before the hijab used to display their faces and their hands, so when the hijab was revealed, they were prohibited from that.
The fifth defect: This is not befitting of someone like Asma, and that is not thought of her; because she is a righteous woman, and she is older than Aisha, and she is the wife of al-Zubayr ibn al-Awwam, one of the ten promised Paradise and the companions of the Messenger (peace and blessings be upon him). So how is it thought that she would enter upon the Prophet (peace and blessings be upon him) in thin clothes through which the awrah (part of the body that must be covered) is seen? How would anyone think that this would happen from this righteous woman of great status? So this is shadhdh (an anomalous narration) and its text is munkar (a denounced narration), and it is not befitting for Asma (may Allah be pleased with her) to do it.
And even if we assumed its authenticity, and even if we assumed it happened from her, it would be possible that it was before the hijab, even though you have known that it is weak and not valid from any angle. So it is weak from all these angles. And Allah is the guarantor of success. Yes.
The presenter: May Allah reward you with good and benefit you with your knowledge.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.